• How much share can wife claim as maintenance without divorce

Hello sir.
 i am Subodh . i have married on may 2000. We were together for almost 8 years. She left me in 2010 and started leaving seperate. I am father of 16 yrs son. From past 7 and half years we are staying seperate.she had taken my son with her and currently he stays with her. Im the year of 2010, she sent me divorce but I didn't take much attention I on this as I was assuming that she will.Come a back to me one day....I was waited for almost 7.5 yrs now but she didn't turn up back. Then I decided to have mutual divorce. Initially she agreed for that but all.of sudden after couple of days later now she started asking share in my property and maintanace amount of 25lkh and sons school fees for last 7 yrs of 25lks and monthly 25k. So in total she is asking from.me...1 flat to be named by his son (almost it cost around 45-50lkh), 45 lakh for maintanace and sons schooling and 25k per month. 

She owned 1 flat by her name, a she owned car.my question is
1) if she goes in court for maintenance how much se can claim.? my salary is 95k per month (net income)
& she is doing job and having salary 80k per month (net income)
2) if she goes for dirvoce , how much she can claim on my house property.?
i have 1 flat ,that own by me on my name only. & Other flat has house loan of 35 lack & i am paying 28k EMI . so how can i save my property form her?
3) Can she claim on my properties (on my name) now?
4) if she files maintanace case against me, how much do I need to give it to my son as a maintenance? Will it be on sharing basis? Do I need to pay his past 7 yrs schooling and other stuff expenses in full? Or will.it be also sharing basis 50-50% as she is also working...
4) right now she is not living with us from past 7.6 yrs , ,so what is legal way to go for divorce so, I do not have to give more money 
please help me to answer
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

1. She may not be eligible for maintenance for herself, but she can claim maintenance for her son. You can argue that the son being with her she also has equal responsibility for maintenance especially since she is also earning a handsome salary.

You can seek custody of child so that she will be shaken on that aspect and may wind her tail.

2. She canot claim any share in your hose property if she files a divorce case or not especially during your lifetime.

3. No

4. You do not have to pay the last 7 years maintenance. You can argue before court that the maintenance can be on equal sharing basis.

4. You do not have to beg her for mutual divorce.

You can file a divorce case on the grounds of desertion.

T Kalaiselvan
Advocate, Vellore
88659 Answers
2404 Consultations

1. If she files a case for maintenance her claim can be contested and repelled by you if you can prove that she is self sufficient and does not require maintenance for her living.

2. The onus to prove her salary will be on you.

3. She, however, has no share in your property, but she can claim and enforce the right to residence in your property.

4. You will be held liable to support financially your son as maintenance of children is a responsibility that is to be shouldered jointly by both parents.

5. You are free to file a petition for dissolution of marriage on the ground of cruelty and desertion.

Ashish Davessar
Advocate, Jaipur
30830 Answers
976 Consultations

1. it is 25% if your income.Since she is earning then she is not entitled to anything nor for the son when he attains 18 years of age.

2. Wife ahs no share in the property husband either beofre or after divorce.

3.No though she has right of residence in your house.

4. No past arrears.The maintenance is granted form the date of application till he comes of his age.

5. File a suit for divorce on the ground of mental cruelty and desertion.

Devajyoti Barman
Advocate, Kolkata
23506 Answers
530 Consultations

1) wife will not get any maintenance as there is hardly any difference in your salary

2)wife has no share in your house property as it is bought by you out of your own funds

3)wife already has one flat in her name . court would not award her another flat

4)since both husband and wife are working both have to shoulder responsibility for son maintenance

5) you dont have to pay son maintenance for last 7 years . it would only be from date of her filing application for maintenance

6) you can file for divorce on grounds of desertion and mental cruelty

Ajay Sethi
Advocate, Mumbai
98458 Answers
8008 Consultations

There is no such provisions wherein court can give some husband property to wife and children

2) under provisions of DV act wife can claim right to stay in matrimonial home but not share in husband property

3) the bill wherein wife was to be granted equal share in property has not been passed by Parliament

Ajay Sethi
Advocate, Mumbai
98458 Answers
8008 Consultations

The lawyers in Pune have not guided you properly.

In maintenance cases, if the maintenance amount ordered by court is not given then the court may instruct the Tahsildar to give an account of the properties held in the name of the husband, and it may pass necessary orders to attach or auction the property to settle the maintenance amount, or even the petitioner/wife may seek for attachment of the property towards creating a charge on the property towards maintenance amount that may be granted in future.

The act was not passed i parliament

T Kalaiselvan
Advocate, Vellore
88659 Answers
2404 Consultations

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